Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-01-17
OWEN TO MOODY.
49,. IS:
A Reply to she Communica-
tiun.f the Black Hills
Senator.
An Ultra State Man Aaalyzea the
Defence of one of The Con-
servatIves
concluded from, Saturday,

bhh6 6utt We AuoW W 10 ouE 1kWk0'
right. trusting the result to the God OF
nations. The state government Of Da-
kota once in operation will never be
stricken down. Once in operation, it
will continue while tue United States
government exists.
Our position is different from that of
the colonists in l776, though we suffer as
much. Then the divine right of kings
was recognized. Colonial dependency
was part of the legal system. Our
fathers, smarting under wrongs and
feeling the influence of the liberal
though. Of friendly France, determined
to initiate upon the continent . govern
ment which should rest upon the people
as the sovereign power. Rebellion fol-
lowed, which by Its success became
revolution. and the principle OF the
sovereignty OF the people became funda-
mental law here. This was universally
recognized and when Douglas afterwards
advocated the rights of the territories to
fashion their own institutions, he was
following the footsteps of Jefferson and
in exact line with the teachings of the
fathers. The free soil party opposed
him both with reason and ridlcule.
The limitation and eventual destruc.
tion of human slavery was the purpose
OF the northern majority, and in at
tempting,to reach the goal we were led
into allegiance to the principle of the
indefinitely continued sovereignty of
congress over the territories. Our motive
was good but the principle ruinous. and
the result now returns to curse Dakota.
Our position should have been, doug.
las, you right, but remember that SELF
preservation Is the first law OF nature.
No institution shall be extended upon
our soil in any territory which tends to
the d~isintegration Of the union"
We must now fight our way back to
the recognition of the underly abused,
but living principle of the inherent
right of the people to local self-govern-
ment, as recognized by the ordinance OF
1857 and so many times reiterated by
congress in relation to the territories,
and upon the faith of which we left. our
homes and brought our families and our
all to Dakota.
These acts of congress and the treaty
Of 1868 with rang providing for our
admission into the union are the basis Of
our claims. They are the authoritative
recognition OF our rights and the pro-
mise that If we settle the territories we
shall promptly enjoy. the inherent right
of self government which right was for
ever settled and acknowledged by the
world at the close Of the revolutionary
war. In 1776 our fathers became rebels,
When we now organize and put in
motion our state government we are not
rebels; we are but accepting our office.
The term of the former incumbents has
expired. We qualify md take the Office.
Will the present incumbents attempt to
hold oveI2
We do not know 1t. We have not
!, given them an opportunity to retire
Upon the most conservative theory we
have not reached the frontier of oul
rights. II We stop where We are the
disappointed people will let the state
, government drop into Its deserved grave
They will not next November In any
numbers repeat the mookery OF e~lectins
q do nothing state playing Legislature
!. aud executive officers.
We are no. yet in position to ask 9Th,
great heart of the American nation" t.
which you feelingly refer to be deepl.
moved in our behalf. We must first
move. The Gods help those who helr
, themselves. Some of our most conser
vatiye lawyers who have all their llvel
been studying presidents, and who, q
lawyers, have been laugh
to rely upon the lates
: opinion as the conclusion of the matter
i quote the language of the supreme
d court of the United States in the Yank
ton bond case as if it drove the last mai
into the coffin Of our hopes, and yel
o with the courage of o genuine manhood
they revolt at the prospect and are de
clsring that they will yield their cor
l~viction OF what is law to their conyictio
of what is right and will not ebandol
the people if they DO forward.
8 These men say the Judgment OF th
majority ia better than the Judgment Q
the few and we yield. It may be the
are enabled to say this because the
tipmost conviction ia that there ia some
where q defect IN the reasoning whic
q leads to the %unbearable conclusion tbs
as a matter of law the people OF the tel
ritories are practically provincial d.
: psndents. Your colleague in the senat
OF the United States occupies thi
position. He will not see this peopl
ruined without q struggle.
1t requires no courage for men lii
te our honored friend Judge Campbell al
's those who look at the matter as he do
;" to move forward. They believe this
wholly lawful and that failure to mo-
is neglect CT duty. But when those wi
believe the right OF enforcing our RICH
has been buried as the result OF VIII
has occurred since the opinion in OF
flavor in the bred Scott case was write
w are still ready to stake, il need be, Iii
he property and homer Ssioro self-gover
n. mont shall perish in the four.sevent